Section 7-261. COMPENSATION ORDER REVIEW BOARD RULES OF GENERAL APPLICATION

 

261.1These Rules shall not be construed to extend or limit the jurisdiction or authority of the Board.

 

261.2Chapter 7 DCMR sections 265 to 271 sets forth the Compensation Review Board Rules of Practice and Procedure. Those rules are fully applicable to this section

 

261.3Except as otherwise provided, the rules promulgated in section 258, dealing with Applications for Review, apply to all appeals of any compensation orders and final decisions issued by the Administrative Hearings Division or Office of Workers' Compensation with respect to claims for compensation or benefits under the Private Sector and Public Sector Acts.

 

261.4Where a procedural issue coming before the Board is not specifically addressed herein or by section 258, the Board may rely upon the Rules of the District of Columbia Court of Appeals, and the Rules of Civil Procedure of the D.C. Superior Court where appropriate.

 

261.5The Board shall have power to preserve and enforce order during any proceedings for determination or adjudication of entitlement to compensation or benefits or for liability for payment thereof, and to do all things in accordance with law which may be necessary to enable the Board to effectively discharge its duties.

 

261.6If a party in proceedings before the Board disobeys or resists any lawful order or process,or otherwise acts to obstruct the same, the Board may certify the facts to the District of Columbia Superior Court which shall thereupon, in a summary manner, hear the evidence as to the acts complained of, and if the evidence so warrants, punish such party in the same manner and to the same extent as for a contempt committed before the court, or commit such party upon the same conditions as if the doing of the forbidden act had occurred with reference to the process or in the presence of the court.

 

261.7A timely motion for reconsideration of a compensation order filed with the Administrative Hearings Division shall not stay the running of the thirty (30) day period for filing an Application for Review with the Board prescribed in section 258.2 of these regulations. Where, however, a motion for reconsideration is not ruled upon prior to the filing of an Application for Review, the pendency of the motion may serve as a basis for a stay of proceedings on a timely appeal before the Board until the motion is ruled upon by the Administrative Hearings Division.

 

261.8The time periods specified for submitting any filing described in section 258, except that for the filing of an Application for Review, may be enlarged for a reasonable period when, in the judgment of the Board, and upon a showing of exceptional circumstances by the requesting party, an enlargement is warranted.

 

261.9A request for an enlargement of time shall be submitted in writing in the form of a motion, specifying the reasons for the request, and shall be directed to the Clerk of the Board.

 

261.10The request must be received by the Clerk on or prior to the date on which the filing is due.

 

261.11The parties to an appeal before the Board shall use the requirements of Rule 28 of the Rules of the D.C. Court of Appeals, to the extent practicable, as guidelines in the preparation and formatting of memorandum of points and authorities and other legal memorandum required to be filed with the Board.

 

261.12Cases may, in the sole discretion of the Board, be consolidated for purposes of an appeal upon the motion of any party or upon the Board's own motion where there exist common parties, common questions of law or fact or both, or for such other circumstances as justice and the administration of the Acts requires.

 

261.13Upon its own motion, or upon motion of any party, the Board may, for good cause, order any proceeding severed with respect to some or all issues or parties.

 

261.14No Administrative Law/Appeals Judge shall maintain standing, chamber or other individual rules.

 

261.15Nothing in these rules, however, shall be construed to limit the authority of the Chief Administrative Appeals Judge to approve the use of forms, documents and practices not inconsistent with these rules that shall assist in managing appeals coming before the Board, nor shall these rules limit the authority of an Administrative Law/Appeals Judge to issue any lawful order for purposes of case management or any other matter in particular cases.

 

source

Notice of Emergency and Proposed Rulemaking published at 52 DCR 8405 (September 9, 2005) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 11093 (December 23, 2005).